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Preeti vs Vinay Kumar on 18 December, 2018

Civil Revision No. 4147 of 2018(OM) 1


CM-26107-CII-2018 in /and
Civil Revision No. 4147 of 2018(OM)
Date of decision : 18.12.2018

Preeti ……. Petitioner

Vinay Kumar …….. Respondent

Present: Mr.Ankur Lal, Advocate for the petitioner.

Mr.Sumeet Goel, Advocate for the respondent.


Having heard learned counsel for the parties over various dates,

first it is to be noticed that the petition ordered to be heard along with this

application, i.e. CR No.4347 of 2018, has been dismissed today, in which

the respondent herein (father of the children and husband of the petitioner in

this petition), has impugned the same order, to the extent that the learned

trial Court has held that despite the children living with the father

(respondent herein) at Delhi, that Court would still have jurisdiction to

entertain the petition at Faridabad, in the light of the judgments of this Court

cited on that issue.

Coming to the question that arises in the present petition, as to

whether the impugned order is correct or erroneous to the extent that it does

not give interim custody of the children to the petitioner (i.e. the mother),

during the pendency of the petition filed under Sections 7 to 9 of the

Guardian and Wards Act, 1890, but gives her visiting rights on the third

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Civil Revision No. 4147 of 2018(OM) 2

Saturday of every month in the Mediation and Conciliation Centre at the

District Courts at Faridabad (between 2.00 p.m. to 4.00 p.m).

In the circumstances of the case, nothing having been shown to

this Court that the petitioner, i.e. the mother, is not able to look after the

children, or that any untoward incident took place on the date that this Court

had directed that the children be allowed to stay with the mother overnight at

her house in Faridabad, it is directed that during the winter vacation the

children would be kept for half the vacation at the house of the mother in

Faridabd and the remaining half with the father at Delhi.

Thereafter, during the pendency of the petition before the

learned Family Court, the mother shall be at liberty to take the children on

every alternate Saturday to her house at Faridabad, and in case she feels the

necessity, she would approach the Deputy Commissioner of Police

concerned in Faridabad, as also the SHO of the Police Station that has

jurisdiction in the area where she is residing, who would ensure that a lady

Head Constable or Constable be assigned to accompany her to the house of

the respondent at Delhi, and by taking the help of the local police station as

has jurisdiction in that area in Delhi, ensures that custody of the children is

handed over to the petitioner and is returned on the following by 5.00 p.m.,

to the respondent

The petition is disposed of accordingly.

Whether speaking/reasoned Yes/No
Whether Reportable Yes/No

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